Document #1035344
IRB – Immigration and Refugee Board of Canada (Author)
Please find attached two reports, one of
them a summary prepared by the U. S. government Bureau for
International Narcotics and Law Enforcement Affairs in March 1997,
which is the most comprehensive overview on the subject found among
the sources consulted by the Research Directorate.
A mid-1996 Spanish-language report
describes the Anti-narcotics Division (Division
Antinarcóticos, DANTI) of the Colombian National Police
(Policía Nacional de Colombia, PNC), noting that its two
main activities are the eradication of illegal coca and poppy
crops, and interdiction efforts aimed at disrupting and dismantling
trafficking networks (11 July 1996). The latter consist mostly of
airborne raids against clandestine laboratories that produce drugs
(ibid.).
DANTI forces are assigned to five
anti-narcotics zones strategically distributed throughout the
country: Santa Marta, in the North; Bogota, in the centre;
Tuluá, in the West; San José del Guaviare, in the
East; and Puerto Asís, in the South (ibid.). All five
contingents are as mobile as circumstances require, independent
(albeit under the national command of DANTI), and
"global"—meaning that they include groups for interdiction,
intelligence, and judicial police work (ibid.). DANTI benefits from
bilateral agreements between the governments of Colombia and the
United States, which include the services of military and civilian
advisors, and the opening of an air school in Mariquita where the
PNC receives aerial eradication training (ibid.).
In December 1996 a report cited the head of
Colombia's anti-narcotics police force announcing the results of
his force's work as follows:
40 tonnes of cocaine and cocaine paste (PBC) captured in the first 11 months of the year; 230 tonnes of 'ready for export' baled marijuana destroyed; 24,000 hectares of illegal crops sprayed with herbicide (18,000 ha. coca and 6,000 ha. poppies); 8,000 tonnes of inputs confiscated (mainly precursor chemicals) (Andean Group 19 Dec. 1996, 6).
Nonetheless, the report comments:
But the magnitude of the task still ahead was underlined by the discovery, on the same day, hidden in the jungle near Miraflores, department of Guaviare, of a laboratory capable of processing 48 tonnes of cocaine a month. Some 33 tonnes of inputs were also found, together with microwave ovens, washing machines, electricity generators, pumps and other equipment. Only one arrest was made when police and soldiers burst in, though the installations could comfortably accommodate 500 (ibid.).
The same report states that "the government
refused to back proposed legislation that would give military
courts more powers to try civilians, while exempting armed forces
personnel from investigation by the public prosecutor's office,"
and adds that "the military complain that they hand over suspected
drug-traffickers and terrorists to the civilian authorities, only
for them to be freed by the courts" (ibid., 7).
One report summarizes Colombia's anti-drug
efforts during 1996 and 1997 as follows:
[Colombia] made notable progress during this period, including the capture of the leaders of the Cali cartel, the eradication of large portions of illicit crops in comparison to other drug-producing nations, the confiscation of comparatively large amounts of drug shipments, the approval of legislation to revoke the ownership of properties obtained through illicit narcotics activities and to increase sentences for drug-related crimes, and the reintroduction of the issue of extradition, prohibited by the 1991 constitution (Current History Feb. 1998, 64).
In late-1997, after the arrest of "the king
of the South American heroin trade" in Bogota and a number of other
high-level arrests by Colombian police, it was reported that the
government of Colombia was cooperating more closely with the
governments of Peru and the United States (Andean Group 26
Aug. 1997, 3).
A 1998 Colombian news article reports
that
The governments of Colombia and Venezuela [...] signed two bilateral cooperation agreements to fight drug trafficking and crime in the two countries.
The first one concerns controlling and overseeing precursor chemicals that are essential for the illegal processing of drugs and hallucinogenic substances. The two nations committed themselves to exchange information about commercial and customs operations and the distribution of basic precursor chemicals. They will also share available information about organizations and persons involved in the processing, purchase, sale, import, export, re-export, transport and storage of these products.
This agreement will come into force in 30 days and the list of precursor chemicals and other chemicals, which will be subjected to the control of the two countries, will be available 90 days later.
The other agreement involves police cooperation and it was prompted by rising crime against people, goods and services in the two countries. It includes "speedy and efficient" mechanisms to prevent public order disorders and crime in each territory, particularly at the border area.
The joint actions are limited by the jurisdiction of each country's police forces and they also involve the creation of a permanent system to exchange information on all those who have been charged, prosecuted and condemned, as well as data pertaining to criminal organizations operating in the two countries (El Espectador 29 Apr. 1998).
In March 1998 the United States Department
of State stated that:
Colombia is engaged in a broad range of narcotics control activities. Through aerial spraying of herbicide and manual eradication, Colombia has attempted to keep coca, opium poppy, and cannabis cultivations from expanding. The government has committed itself to the eradication of all illicit crops, interdiction of drug shipments, and financial controls to prevent money laundering.
Corruption and intimidation by traffickers complicate the drug-control efforts of many institutions of government. Despite a major overhaul of the Colombian judicial system as a result of the 1991 Constitution, changes have yet to produce successful prosecution of narcotics traffickers. Colombia passed a revised criminal procedures code in 1993 which permits traffickers to surrender and negotiate lenient sentences in return for cooperating with prosecutors. In December 1996 and February 1997, however, the Colombian Congress passed legislation to toughen sentencing, asset forfeiture, and money laundering penalties. In November 1997, the Colombian Congress amended the constitution to permit the extradition of Colombian nationals, albeit not retroactively--which could have the effect of shielding major traffickers from justice in the United States and other countries where they committed their crimes. The legislation is currently being reviewed by the Constitutional Court. The Colombian Government permits extradition of foreigners resident in Colombia.
On March 1, 1996 and again on February 28, 1997, President Clinton made the decision not to certify Colombia as fully cooperating with the U.S. or taking adequate steps on its own to meet the objectives of the 1988 UN Convention on drugs. The U.S. concluded that there was a lack of effort at the top levels of Colombia's government to push for legislative and judicial reforms to strengthen Colombian government institutions' ability to fight narco-trafficking. Under the certification legislation, the U.S. Government was required to halt non-humanitarian and non-counternarcotics aid to Colombia and to vote against loans to Colombia by certain multilateral development banks. U.S. law provides for the discretionary imposition of economic sanctions, which were not imposed.
On February 26, 1998, the President determined that the vital national interests of the United States require that U.S. assistance to Colombia be provided to meet the increasing challenges posed to counternarcotics efforts in Colombia. The President thus granted Colombia a national interests certification, which waives the restrictions of decertification and allows for broader U.S. engagement with Colombia in the fight against illegal narcotics.
Colombia, along with other drug producing
and drug transit countries, will be reviewed for counter-narcotics
performance again at by March 1, 1999 and each successive year.
The legislation allowing the confiscation
of goods acquired by illegal means, originally passed in December
1996, was approved by the Constitutional Court in late-1997
(Andean Group 26 Aug. 1997, 2). The law, described as an
important blow to the illegal drug trade, was used immediately
thereafter against drug traffickers, and was to be used against
government corruption and organized crime in general (ibid.).
The recent high-profile case of Fernando
Botero, a former defence minister who was jailed "for stuffing drug
money into President Ernesto Samper's 1994 campaign chest," raised
controversy because he only served one-third of his 90-month
sentence (Latin American Weekly Report 17 Feb. 1998).
However, the release was granted "in accordance with Colombian
legislation, because he confessed, cooperated with the authorities
and spent his time in detention working and studying" (ibid.).
In March 1998 the Andean
Newsletter, published in South America, highlighted Colombia's
advances in its fight against drug trafficking as follows:
The Colombian case in unique as it has to carry out concrete anti-drug activities against a backdrop of extreme conflict.
[...] The list of achievements could also include the recent capture of Victor Carranza, who is behind one of the country's most bloodthirsty paramilitary groups and also has ties to cocaine traffic.
On the legislative front, the approval of
the extradition of Colombians, the signing of an agreement for
maritime interdiction, a law which revokes ownership of illegal
goods, as well as increased sentences for drug crimes, constitute
favourable points for 1997. In reality, the Clinton government
continues to hold a more understanding attitude regarding the
country, but not with its government. Events such as the release of
Fernando Botero, the debate about the penal alternative law, as
well as the non retroactive nature of extradition, may well play a
role in this situation.
Also in early 1998, the Washington
Post reported that "about two-thirds of FARC [Revolutionary
Armed Forces of Colombia] and half of ELN [National Liberation
Army] units are involved in drug trafficking, according to U.S. and
Colombian intelligence sources," adding that a distinction between
anti-guerrilla and anti-narcotics actions "has become difficult to
make" (10 Apr. 1998). The same report states that
According to U.S. military sources, there are about 200 U.S. military personnel in Colombia. About half are assigned to operate and protect two large radar bases that were installed in recent years to track flights of planes piloted by suspected drug traffickers. The rest are involved in a variety of training missions... (ibid.).
This Response was prepared after
researching publicly accessible information currently available to
the Research Directorate within time constraints. This Response is
not, and does not purport to be, conclusive as to the merit of any
particular claim to refugee status or asylum.
References
Andean Newsletter [Lima]. March
1998. No. 133. "Anti-Drug Certification: A Need For Change."
Current History [Philadelphia].
February 1998. Arlene B. Tickner. "Colombia: Chronicle of a Crisis
Foretold."
El Espectador [Bogota]. 29
April 1998. "Agreements to Fight Drug Trafficking and Crime Signed
with Venezuela " (BBC World Summary/NEXIS)
Latin American Regional Reports:
Andean Group [London]. 26 August 1997. "Court Approves
Confiscation Law" and "'El Ministro' Arrested."
_____. 19 December 1996. "New Cartels
Struggle For Control."
Latin American Weekly Report
[London]. 17 February 1998. "Botero Released After 30 Months;
Former Defence Minister Granted Full Remission."
_____. 19 December 1996. "New Cartels
Struggle For Control."
United States Department of State Bureau
of Inter-American Affairs. March 1998. "Background Notes:
Colombia." [Internet]http://www.state.gov/
www.background_notes/colombia_0398_bgn.html [Accessed 5 Aug.
1998]
United States Information Agency (USIA).
11 July 1996. "Firman revision del acuerdo de apoyo a la policia
antinarcoticos." [Internet]http://www.usia.gov/posts/CO1/
wwwhpoan.html[Accessed 10 Aug. 1998]
The Washington Post. 10 April
1998. Douglas Farrah. "Colombian Rebels Seen Winning War; U.S.
Study Finds Army Inept, Ill-Equipped." (NEXIS)
Attachments
Andean Newsletter [Lima]. May
1997. No. 135. "Andes: Tense Regional Situation, Agreements and
Important Visits," p. 4.
United States Department of State Bureau
for International Narcotics and Law Enforcement Affairs. March
1997. "Colombia." [Internet]http://
www.usis.usemb.se/drugs/southamerica/COLOMBIA.htm [Accessed 7
Aug. 1998]